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Given the emotive nature of most television advertising, the manner in which most
digital advertising is processed and the development of new forms of advertising,
such as embedded, viral and native advertising, assumptions about cognitive
defence need thorough investigation. To the extent that any cognitive defence exists,
advertising seeks to circumvent it.
61. Special attention is required in sectors escaping regulations on advertising to
children, such as in the recruitment of children as brand ambassadors on social
media 34 and advertising on mobile devices and in video games. Children are
particularly vulnerable to such practices. 35
62. In this context, initiatives to increase media literacy are praiseworthy. Their
effectiveness, however, is largely untested.
2.
Advertising in schools
63. Most international human rights standards and national laws on education
place a legal obligation on children to attend school. Schools therefore constitute a
distinct cultural space, deserving special protection from commercial influence.
64. The growing presence of advertising in schools is documented. 36 Numerous
examples exist of company logos appearing on school materials, including
textbooks and educational material, as well as on school premises; company logos
as the central focus of sponsored lessons; television in schools providing
“educational content” with advertising; shows by characters representing brands;
vending machines or coffee bars occupying school space to sell a nd promote
particular brands and/or products; contests organized by banks; sponsorship of
school buses, sports fields or school names; branded road safety material; incentive
programmes with supermarkets offering vouchers for school laptops or cameras;
school fund-raising strategies encouraging families to enter into commercial
relations with companies that donate to schools; exclusive agreements granting a
company exclusive rights to provide a service and/or product; the recruitment of
schoolchildren to serve as brand ambassadors and so on. The Special Rapporteur
considers school premises as encompassing not only the school itself, including
cafeterias, libraries, playgrounds and sports facilities, but also their immediate
vicinity, as well as school buses.
65. Schoolchildren offer a captive and credulous audience. Companies see school based marketing and advertising as perfectly suited to “branding” children at an
early age. Marketing and advertising programmes are normalized and given
legitimacy when embedded in the school context; the strategies deployed lead
children to interact and engage with particular brands during school time. 30
Furthermore, the sponsoring of school material and educational content reduces the
freedom educational institutions have for developing the most appropriate and
highest-quality curriculum for their students.
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35
36
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Denmark has prohibited this practice.
Agnes Nairn and Haiming Hang, “Advergames: it’s not child’s play”, Family and Parenting
Institute, London, 2012; www.agnesnairn.co.uk/policy_reports/advergames -its-not-childsplay.pdf.
For example in Brazil, by the Alana Institute: http://criancaeconsumo.org.br/, or in the United
States of America by the Commercialism in Education Research Unit: http://nepc.colorado.edu/
ceru-home.
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